I. Definitions and interpretation
Where used in these Conditions, in addition to terms defined elsewhere in these Conditions, the following terms shall have the following meanings: Account means all accounts created by or on behalf of the User on the Website in order to order and purchase products on the Service. Personal Data means any information relating to an identified or identifiable natural person. An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity. K-EXPERTISE, We, Our, refers to K-EXPERTISE SRL, a company incorporated in Belgium with its registered office at Avenue Champel 2, 1640 Sint-Genesius-Rode, registered with the Crossroads Bank for Enterprises under number 0758.524.360, operating under the brand names "K-EXPERTISE" and "CLYDE FOR MENTM ". The Service means the internet shopping service operated by K-EXPERTISE on the Website, where users can browse, purchase and order products from a selection of cosmetic products. The "Service" includes the Website through which the Service is provided and any upgrades, updates and enhancements thereto, and also includes the content, services, features and functionality that we may offer in connection therewith over time. Linked Website means websites operated by third parties that may be relevant and interesting to Users and to which the Website or Service may provide links, plug-ins, widgets or other connections. Website designates the Website operated by K-EXPERTISE under the domain name https://clydeformen.com/. User, you, your means any individual or Entity using the Service or the Website. Under these terms : The word "include" (and its derivatives, such as "including", and "includes") means to include without limitation. References to a "clause" or "section" are to a clause or section of the Terms; Words in the singular include the plural and vice versa, and words of any gender include all other genders; The headings are inserted for convenience only and should not be taken into account in interpreting the Terms; The reference to an Entity includes any company or other legal person, wherever and however incorporated or established; A reference to the "parties" is a reference to K-EXPERTISE and the User and a reference to a "party" is a reference to either of them.
II. Use of the Service and the Website
The Service and/or the Website may only be used to search for information, submit requests or purchase products by placing orders. You agree not to use the Service and/or the Website for any other purpose, including but not limited to any purpose that is unlawful or which may violate the morality, integrity, security or reputation of the Website or the rights of K-EXPERTISE or any third party. You may not do or attempt to do any of the following when using the Service and the Website: copy, reproduce, modify, adapt, translate, publish, display, distribute, sell, rent or otherwise exploit or use for any commercial or other purpose, the Service or the Website (or any content thereof); disassemble, decompile, reverse engineer or create derivative works based on all or any part of the Service, except to the extent expressly permitted by applicable law despite this limitation; do anything that may disrupt, alter, destroy, impair, interfere with, overburden or limit the functionality, operation or security of the Service or the Website, or interfere with any other user's use and enjoyment thereof, including by hacking the Service or the Website, or by transmitting any virus or malicious code; scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; use linking technology, robots, scripts or other similar processes or technologies to access, enable access to, copy, distribute, display, monitor or permit the bulk downloading or extraction of data from the Service or the Website; use or access the Service or the Website to monitor the availability, performance or functionality of the service or for any other similar benchmarking purposes; We reserve the right to update, modify, delete, suspend, disable or restrict access to the Service (or any part thereof) or change any feature, component or content thereof at any time, for any reason, without notice or liability. We do not guarantee that any specific content, component and/or functionality will always be available on the Service or the Website. We may interrupt or suspend your access to the Service from time to time for maintenance, backups, upgrades and other reasons. You acknowledge that such interruptions, including planned downtime, routine maintenance and upgrades, may cause our Service to be temporarily unavailable. We will endeavour to notify you in advance of any planned outages (including on the Website, by email or other communication channels), but you acknowledge that this may not be reasonably possible for unplanned outages (including emergency maintenance) that are due to reasons beyond our control. Additional terms and conditions may apply to specific parts or features of the Service, including promotions or other services, all of which terms and conditions form part of these Terms by this reference. Access to and use of a portion of the Service may be limited to a specific number of authorized persons through membership programs. The Service is not available to persons under the age of 18. You may not use the Service if you are not of legal age and capacity to enter into a contract and are not able to comply with these Terms. The Website and/or the Service may contain hyperlinks to other Linked Websites which may not be technically controlled or reviewed by K-EXPERTISE. K-EXPERTISE cannot be held responsible for any direct or indirect damage resulting from the use of these Linked Websites.
III. Your Account
All orders placed by you through the Service are considered an offer by you to purchase the product(s) selected and the quantities specified in your order at the price stated (including delivery and other charges and taxes) at the time you place the order. By clicking on the payment method button, you must, before proceeding, read these Terms and then confirm your agreement to all of these Terms by means of a confirmation of acceptance action implemented by the Website (for example, by checking a box). Once you have accepted the Terms, you must confirm your order. By pressing the "order with payment obligation" button, you agree to pay the price indicated. All orders are subject to our acceptance. We reserve the right to accept or reject your order for any reason, including if the product you requested is not available, if there is an error in the price or description of the product, or an error in your order. We reserve the right to limit your order or the quantity of a particular product you may order. Placing an order does not constitute a guarantee of stock. The processing of payment for an order does not in itself constitute acceptance of the order by us, provided that if an order for product(s) is rejected or cancelled by us, any payment made for that order will be refunded by us. If we reject your order, we will endeavour to inform you either at the time you submit the order or within a reasonable time. Each order accepted by us gives rise to a separate and binding agreement between you and us subject to these Terms for the supply of the products for which the order has been placed.
We endeavour to provide accurate and up-to-date information on prices, products and any promotions. However, errors may occasionally occur and we do not warrant that the information on prices, products or their presentation will be accurate, reliable, current, error-free, up-to-date or complete. In particular, the photographs of products on the Website are provided to help you recognise the products, but due to changes and improvements in packaging, they may not accurately reflect the product you receive. Some of the products sold on the Website may benefit from a specific guarantee, the duration and conditions of which are expressly indicated on the page of the products concerned. The User purchasing products on the Website may benefit from rights as a consumer under the legal guarantee of conformity applicable to consumer goods and under the legal guarantee of hidden defects. If the actual price of an item you have ordered is higher than the price shown on the Website, we will inform you of this and you will be given the opportunity to confirm or cancel your purchase of that item based on the correct price. By confirming your purchase, you authorise us to charge you the correct price. If you choose to cancel the purchase, we will refund your payment for that item. If we are unable to contact you, we will treat your order for the incorrectly priced item as cancelled. All product prices are quoted in Euros and include value added tax. Product prices may change from time to time and any discounts or promotional offers may also be withdrawn at any time without notice. All orders are paid for in euros. All orders placed on the Website are paid for using the following payment service: Shopify Payments . We only accept the payment methods accepted by this payment service. These payment methods are subject to change without notice. By using the Service, and by providing us with your credit card information, you authorise us to use and disclose it to our payment service for the purpose of processing the payments you authorise on the Service. We are not responsible for any loss or damage in connection with any transaction processed through our payment service (including invalid transactions or transactions not processed due to a network communication error, or for any other reason). You agree that we are not responsible for the failure, unavailability or hacking of our payment service, or any other problems related to such third party service provider. In no event shall K-EXPERTISE be liable for the reimbursement of any additional charges that the User would incur in connection with online payments, such as, but not limited to, currency conversion fees that would be applied by the issuing bank . Any order placed with an incorrect, expired or over-limited credit card will not be processed.
VI. Delivery of products
Delivery areas. Delivery will be made to the address you provide in the completed order form provided it is within one of the available delivery areas. To check that we deliver to your area, please visit https://clydeformen.com/pages/livraison-retour. We only process and accept orders within our delivery area. Delivery times. The delivery times mentioned on the Website are provided as an indication. You may select a preferred delivery time when placing your order. Delivery slots are subject to availability. Although we will make every reasonable effort to deliver your goods to your delivery address within the delivery period you have chosen, we may not be able to do so due to factors beyond our control such as weather, traffic, fog, etc. which may result in early or delayed deliveries. You agree that we will not be responsible for any deliveries made outside the delivery time stated on your order. Delivery changes. Please inform us immediately of any changes to your delivery address, delivery date or time, or contact number. We will do our best to accommodate your changes. However, additional delivery charges may apply depending on the new delivery address. New delivery. If an order is cancelled by you, or if no one is present at the delivery location to receive the order during the chosen delivery slot, K-EXPERTISE or the transport service will contact you to arrange a new delivery time. However, additional delivery charges may apply for multiple redeliveries. Receipt of the delivery. Any person who is present at the delivery address and receives the delivery is irrevocably presumed to be authorised to receive the delivery. Transfer of property. All products sold by K-EXPERTISE through the Website or the Service remain the full and complete property of K-EXPERTISE until full payment of the price by the User. Except contrary legal provision, the risks are always transferred to the User at the time of the delivery of the products to the User. Acceptance of products. The User must, prior to any acceptance or consumption of the products, check the data of the products indicated on the labels of the products (including for example the allergens). If the User notices a non-conformity or a visible defect, he must immediately report it to K-EXPERTISE.
The Service and the Website are provided to you without warranty of any kind, whether express, implied or statutory, all of which are expressly disclaimed to the maximum extent permitted by applicable law. Without limiting the foregoing, we also do not warrant that the operation of the Service will be uninterrupted or error-free, that the Service or the Website are free of viruses or other harmful components, that defects will be corrected, that use of the Service will not impair the functionality or performance of the device to which it is downloaded, or that the transmission of your information through the Service will be completely secure. By using the Service, you acknowledge and agree that transmissions over the Internet are never completely private or secure, and that it is possible for data on the Service to be released in error, lost, hacked or accessed by unauthorized users. You understand that any information you upload or send using the Service or that you make available to us through the Service may be read or intercepted by others, even if there is special notice that a particular transmission is encrypted. To the fullest extent permitted by law, we hereby disclaim any and all liability to you or any third party for any direct or indirect damages, whether foreseeable or unforeseeable, under contract or in tort, including damages for loss of profits, loss of business, revenue, use, data, money, goodwill, reputation or other economic advantage, personal injury or property damage, even if we are aware or informed of the possibility of such damages, arising out of the purchase of products from the Website or the use or inability to use the Service or the Website. K-EXPERTISE cannot be held liable for any failure or delay in the execution of its obligations which is due in whole or in part, directly or indirectly to circumstances of force majeure, such as, but not limited to, natural disasters, acts and orders of public authority, acts of terrorism and acts of war, unavailability of electronic networks or telecommunication services, viruses and bugs, failure of a supplier or partner, accidents, pandemics, illnesses and strikes, as well as any other event that cannot be reasonably foreseen or overcome. If the situation of force majeure persists for a period of more than 5 days, either party has the right to terminate the agreement with immediate effect, without mutual compensation. In the event that K-EXPERTISE's liability is engaged despite the preceding provisions, no action, whatever the form, can be brought by the User against K-EXPERTISE more than one (1) year after the occurrence of the event that gave rise to his claim. In case of purchase of products on the Website or by using the Service, the responsibility of K-EXPERTISE will be, in any case and to the extent permitted by the law, limited to the amount of the order placed by the User.
VIII. Personal data
IX. Intellectual property
The Webite and all its components are protected by intellectual property rights. In particular, the names, logos and other distinctive signs of K-EXPERTISE, its partners or third parties present on the Website are likely to be protected by trademark law. The presentation of the Website, the editorial content, texts, images, photographs or audiovisual content of the Website are protected by copyright. Except for legal exceptions, any reproduction, in whole or in part, and/or any communication to the public of elements present on the site are prohibited without the prior written agreement of K-EXPERTISE. The User undertakes not to remove, alter or obscure any copyright notice or indication of protection by an intellectual property right appearing on the Website.
X. Right of withdrawal
The provisions of this article apply only to Users who purchase goods online from the Website in their capacity as consumers and do not apply to : the supply of goods that are likely to deteriorate or expire rapidly (= less than 60 days). the supply of goods made to the consumer's specifications or personalised. the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery. the supply of goods which, after delivery, are, according to their nature, inseparably mixed with other articles. In accordance with the provisions of the Belgian Code of Economic Law, the User has the right to withdraw from a contract concluded with K-EXPERTISE through the Website within 14 days without giving any reasons. The right of withdrawal ends 14 days after the day when the User or a third party other than the carrier and designated by the User takes physical possession of the goods. In order to exercise the right of withdrawal, the user must inform K-EXPERTISE of his decision to withdraw from the contract, by means of a clear statement (for example, in writing, by post, by fax or by e-mail). You can use the model of retraction form attached or accessible by means of the following link: [LINK] but it is not obligatory. In order to respect the withdrawal period, the User must send the notification of the exercise of his right of withdrawal before the end of the withdrawal period. The User must return or hand over the goods to K-EXPERTISE immediately or, in any case, at the latest 14 days after the day on which his decision to withdraw from the contract was notified to K-EXPERTISE. The direct costs of returning the product are at the charge of the User. If there is, in any way, a decrease in the value of the returned product, K-EXPERTISE reserves the right to hold the User responsible and to claim damages for any decrease in the value of the products resulting from the use of the products by the User which goes beyond what is necessary to determine the nature and characteristics of the products. Only returns of unexpired items in their original packaging, accompanied by all accessories and an invoice or proof of purchase will be accepted. If you withdraw from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw from this Agreement. K-EXPERTISE can decide not to proceed with the reimbursement until it receives all the returned products or until the User proves that he has returned the products, whichever comes first. Additional costs resulting from the User choosing a delivery method other than the cheapest standard delivery offered by K-EXPERTISE will not be refunded. K-EXPERTISE will reimburse the User using the same method of payment as the one used by the User for the initial transaction, unless the User explicitly agrees. No costs will be charged to the User for this refund.
You agree that we may provide notices to you by posting them on the Website, by emailing them to the email address listed in your Account, or by sending them by post to the postal address listed in your Account. Such notices shall be deemed to have been received by you within 24 hours of being posted on the Website or sent by email, unless we receive notice that the email has not been delivered, or within three (3) business days of being sent by post. Unless otherwise specified in these Terms, notices to us should be sent by email to firstname.lastname@example.org. If you have any questions or concerns about these Terms or any issues raised in these Terms or with the Service or the Website, please contact us at email@example.com.
The provisions of the Terms shall always be interpreted so that they comply with the applicable law. However, in the event that the nullity or invalidity of any clause of the Terms is ordered or established, this nullity or invalidity shall not affect the validity of the other clauses of the contract. The Parties undertake, in this case, to negotiate in good faith the conclusion of a new clause which will pursue the same objective as the invalid clause and will have, as far as possible, equivalent effects, in order to restore the contractual balance. The User is not allowed to assign, transfer or subcontract his rights under the Terms, in whole or in part, without the prior written consent of K-EXPERTISE. K-EXPERTISE is entitled to assign, transfer or subcontract its rights under the Terms, in whole or in part, without the prior written consent of the User, including in connection with a merger, acquisition, sale of assets or by operation of law. The failure of K-EXPERTISE to react to a breach by the User, or the fact that K-EXPERTISE grants the User additional time to fulfil his obligations under the Terms, can never be interpreted as a renunciation by K-EXPERTISE to take advantage of them, nor as a waiver of its rights, and K-EXPERTISE can at any time demand the strict application of all or part of the Terms. Each of the Parties acknowledges that it is not entering into the Agreement in reliance on any representation, warranty, collateral agreement or other undertaking (other than those set out in the Terms) made by or on behalf of any other Party prior to the execution of the Agreement.
XIII. Questions and complaints
If you have any questions, remarks or complaints, you can contact our customer service via the following link: https://clydeformen.com/pages/contact. In the event of a dispute that cannot be resolved amicably, you can initiate a mediation process with the Consumer Ombudsman Service via the following link https://mediationconsommateur.be/fr/formulaire-de-plainte. You can also initiate a mediation process via the online dispute resolution platform developed and managed by the European Commission at the following address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
XIV. Applicable law and jurisdiction
These Terms are governed by Belgian law, without regard to the provisions of conflict of laws. Any dispute arising out of or in connection with these Terms that is not resolved amicably or through mediation shall be submitted to the courts of the judicial district of Brussels.